Steps of the eviction process in New York:
- Landlord serves tenant written notice.
- Landlord files complaint with court (if unresolved).
- Court holds hearing and issues judgment.
- Writ of execution is posted.
- Possession of property is returned to landlord.
Evicting a tenant in New York can take around one to five months depending on the reason for the eviction. If tenants request an adjournment, the process can take longer.
Grounds for an Eviction in New York
In New York, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or illegal activity. Even so, proper notice must first be given before ending the tenancy.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 14 Days | Yes |
| End of / No Lease | 30 Days | No |
| Lease Violation | 10/30 Days | Yes |
| Illegal Activity | None | No |
Eviction for Nonpayment of Rent
In New York, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 14 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in New York if it is not received within 5 days of the due date. So for example, if rent is due on the first of the month, it is considered late starting on the sixth of the month (if not paid in full). New York has a statewide grace period of 5 days, this does not include weekends and state and federal holidays.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In New York, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month, if the tenancy is less than one year).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease or Responsibilities
In New York, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under New York landlord-tenant law. To do so, the landlord must give 10 days’ notice to fix the issue or move out. For all lease violations, a tenant has the opportunity to correct the issue to avoid eviction.
If the issue is not fixed within the 10-day notice period, the landlord must give a 30 days’ notice to vacate the premises without a chance to fix the issue.
Tenant responsibilities include:
- Keeping the unit clean and free from trash.
- Making small repairs and maintenance.
- Informing landlord of any repair or maintenance issue.
- Keeping fixtures clean and sanitary.
- Not disturbing other tenants or neighbors.
Examples of lease violations include:
- Having an unauthorized pet or guest.
- Parking in an unauthorized area.
- Not maintaining a certain level of cleanliness.
Eviction for Illegal Activity
In New York, a landlord can evict a tenant for an illegal activity. No prior notice is required, and the landlord can file an eviction lawsuit immediately. Tenants are not given the option to fix the issue and must vacate.
In New York, illegal activity includes:
- Prostitution.
- Used rental unit as a bawdy house.
- Illegal trade or manufacture of an illegal business.
The landlord may proceed with the eviction process immediately.
Illegal Evictions in New York
In New York, any of the below is illegal.
“Self-Help” Evictions
If a tenant has lived in the dwelling unit for 30 consecutive days (with or without a lease), a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Padlocking the doors.
- Shutting off utilities.
- Removing tenant belongings.
- Removing the door to the dwelling unit.
New York’s Housing Stability and Tenant Act of 2019 allowed new protections for tenants in terms of unlawful evictions. It is a Class A misdemeanor if a landlord (or any person) evicts a tenant from the rental unit without a court order. If a landlord is found liable, they could be required to pay the tenant a civil penalty not less than $1,000 and not more than $10,000 per violation.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about health and safety issues to the landlord or any authority tasked to enforce the law.
- Pursuing a legal right under the lease agreement, including a legal right to remedy or repair habitability issues.
- Joining a tenant’s union or organization.
If a landlord is found liable for a retaliatory eviction, they could be required to pay the tenant damages sustained, attorney’s fees, and other appropriate relief, including injunctive and other equitable remedies.
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in New York by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Delivering it to the tenant in person.
- Leaving the notice with a “suitable” person at the rental unit.
- Posting a copy in a conspicuous place on the rental unit.
- Mailing the notice to the tenant via certified/registered mail AND regular mail (if left with another person/posted on the rental unit).
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
14-Day Notice to Pay Rent or Quit
If a tenant is late on paying rent (full or partial) in New York, the landlord can serve them a 14-Day Notice to Pay or Quit. This notice gives the tenant 14 calendar days to pay the entire remaining balance or vacate the premises.
30-Day Notice to Quit (No Lease/End of Lease)
For a tenant with no lease or a tenancy less than one year in New York, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Tenancies Less Than 1-Year | 30 Days |
| Tenancies More Than 1-Year, But Less Than 2 Years | 60 Days |
| Tenancies More Than 2 Years | 90 Days |
10-Day Notice to Cure or Vacate
In New York, if a tenant commits a violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 10-Day Notice to Cure or Vacate. This eviction notice gives the tenant 10 calendar days to fix the issue or move out.
30-Day Notice to Quit
In New York if a tenant does not fix the lease violation after a 10-Day Notice to Cure or Vacate was provided, the landlord must serve them a second and final notice, 30-Day Notice to Quit. This eviction notice gives the tenant 30 calendar days to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, New York landlords must file a petition in the appropriate court. The eviction case shall be held in a court where the property is located.
For example, if the property is in Suffolk County in the town of Islip, Babylon, Huntington, Brookhaven or Smithtown, the case shall commence in the District Court in that town.
East Hampton, Southampton, Riverhead, Southold or Shelter Island properties landlords should bring the case to Justice Court. Properties located in Nassau County, the case is started in the District Court.
If the property is located in Glen Cove or Long Beach, you can start the case in City Court or the District Court.
The notice of petition and petition for eviction must be served on the tenant by anyone who is 18 years or older and is not part of the case 10-17 days prior to the hearing.
The petition for eviction and notice of petition may be served via one of the following methods:
- Giving them to the tenant in person any day except for Sundays or the tenant’s religious observance days;
- Leaving them with someone who lives or works at the rental unit AND copies are mailed via first class mail and certified mail; or
- Posting the petition and notice in a conspicuous place OR under the “entrance door” of the rental unit AND copies are mailed via first class and certified mail.
Step 3: Court Holds Hearing & Issues Judgment
The hearing date is set at the time the landlord files their petition for eviction with the court. The hearing must be held 10-17 days after the petition is served on the tenant.
A tenant will not have an opportunity prior to the hearing to respond to the eviction (except evictions for nonpayment of rent) and must appear if they want to explain why they feel they should not be evicted.
Either party can request a 14 day adjournment (or otherwise known as a postponement to the court date).
If the tenant fails to appear for the hearing, the judge may make a ruling on the eviction that day.
- Evictions for nonpayment of rent. The tenant must respond to the petition within 10 days. A hearing will be set for 3-8 days after the response is received by the court. If there’s no response, the court may rule for the landlord. However, a tenant can pay rent in full any time prior to a hearing and the eviction will be stopped.
- All other eviction types. If a tenant wants to contest (fight) the hearing, they must bring any documentation to the hearing that’s already scheduled, which is when the tenant can present reasons for why they shouldn’t be evicted, or for why there shouldn’t be a hearing in the first place.
If the judge rules in favor of the landlord, a writ of execution will be issued, and the eviction process will continue.
Step 4: Writ of Execution Is Issued
The writ of execution is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before they are forcibly removed from the rental unit.
If the court has ruled in the landlord’s favor, the landlord will ask the court to issue a writ of execution. This can be done at the hearing.
Step 5: Possession of Property is Returned
Tenants have 14 days after receiving the writ of execution to move out before they are forcibly removed from the rental unit by a marshal, sheriff or constable unless the eviction is for nonpayment of rent, in which case the tenant will only have ten days to move out.
If the tenant is being evicted for nonpayment of rent and pays the rent amount in full prior to the end of 14th day, the eviction process will be stopped, and the tenant will be allowed to remain in the rental unit.
There are a few circumstances in which the court may grant a stay of execution, and allow the tenant more time in the rental unit before having to move out (but the tenant will still have to move out once the stay period expires):
- Extreme Hardship – This could include things like “serious ill health,” changing the school a child is enrolled in, and other family hardships a move would cause. The stay can be no longer than one year.
- To Cure a Breach – If the eviction was for violation of the lease; the stay can be no longer than 30 days. If, at the end of the 30-day stay, the breach has been corrected, the tenant may remain in the rental unit and will not be evicted.
New York Eviction Process Timeline
In New York, an eviction can be completed in 1 to 5 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the New York eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 14-90 Calendar Days |
| Court Issuing/Serving Summons | 10-17 Business Days |
| Tenant Response Period | ~10 Business Days |
| Court Ruling | 10-17 Business Days |
| Court Serving Writ of Execution | 1-3 Business Days |
| Final Notice Period | ~14 Days |
Flowchart of New York Eviction Process
For additional questions about the eviction process in New York, please refer to the official state legislation, NY Real Prop Actions L §701-768 and NY Real Prop L §220-238-A, for more information.
Sources
- 1 NY Real Prop Actions L §711 (2019)
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2. The tenant has defaulted in the payment of rent, pursuant to the agreement under which the premises are held, and a written demand of the rent has been made with at least fourteen days’ notice requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served upon him…
- 2 NY Real Prop L § 235-e. (2019)
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(d) If a lessor, or an agent of a lessor authorized to receive rent, fails to receive payment for rent within five days of the date specified in a lease agreement, such lessor or agent shall send the lessee, by certified mail, a written notice stating the failure to receive such rent payment. The failure of a lessor, or any agent of the lessor authorized to receive rent, to provide a lessee with a written notice of the non-payment of rent may be used as an affirmative defense by such lessee in an eviction proceeding based on the non-payment of rent. Notwithstanding the provisions of this subdivision, a lessor which is a cooperative housing corporation, other than a cooperative housing corporation subject to the provisions of article two, article four, article five or article eleven of the private housing finance law, may provide for a method of sending notice by mail other than by certified mail, as long as such method of sending notice is provided for in the proprietary lease or occupancy agreement, and the lessee is a dwelling unit owner or shareholder of such cooperative housing corporation.
- 3 NY Real Prop L §226-c (2019)
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(b) If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord shall provide at least thirty days’ notice. (c) If…more than one year but less than two years…the landlord shall provide at least sixty days’ notice. (d) If …more than two years…the landlord shall provide at least ninety days’ notice.
- 4 NY Real Prop L §231 (2019)
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1. Whenever the lessee or occupant other than the owner of any building or premises, shall use or occupy the same, or any part thereof, for any illegal trade, manufacture or other business, the lease or agreement for the letting or occupancy of such building or premises, or any part thereof shall thereupon become void…
- 5 NY Real Prop Actions L §711 (2019)
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5. The premises, or any part thereof, are used or occupied as a bawdy-house, or house or place of assignation for lewd persons, or for purposes of prostitution, or for any illegal trade or manufacture, or other illegal business.
- 6 N.Y. Real Prop. Acts. Law §§ 768 (2019)
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It shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied the dwelling unit for thirty consecutive days or longer or who has entered into a lease with respect to such dwelling
except to the extent permitted by law pursuant to a warrant of eviction or other order of a court of competent jurisdiction or a governmental
vacate order by:(i) using or threatening the use of force to induce the occupant to vacate the dwelling unit; or
(ii) engaging in a course of conduct which interferes with or is intended to interfere with or disturb the comfort..
of occupant…the interruption or discontinuance of essential services; or(iii) … removing the occupant’s possessions from the dwelling unit, removing the door at the entrance to
the dwelling unit; removing, plugging or otherwise rendering the lock on
such entrance door inoperable, or changing the lock on such entrance
door without supplying the occupant with a key…2. Criminal and civil penalties. (a) Any person who intentionally
violates or assists in the violation of any of the provisions of this
section shall be guilty of a class A misdemeanor. Each such violation
shall be a separate and distinct offense.(b) Such person shall also be subject to a civil penalty of not less than one thousand nor more than ten thousand dollars for each violation.
Each such violation shall be a separate and distinct offense… such person shall be subject to an additional civil penalty of not more than one hundred dollars per day from the date on which restoration to occupancy is requested until the date on which
restoration occurs, provided, however, that such period shall not exceed six months. - 7 NY Real Prop L § 223-B (2021)
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a. A good faith complaint, by or in behalf of the tenant, to the landlord, the landlord’s agent or a governmental authority of the landlord’s alleged violation of any health or safety law, regulation, code, or ordinance, the warranty of habitability…
b. Actions taken in good faith, by or in behalf of the tenant, to secure or enforce any rights under the lease or rental agreement, the warranty of habitability…
c. The tenant’s participation in the activities of a tenant’s organization…
…3. A landlord shall be subject to a civil action for damages, attorney’s fees and costs and other appropriate relief, including injunctive and other equitable remedies, as may be determined by a court of competent jurisdiction in any case in which the landlord has violated the provisions of this section.
- 8 NY Real Prop Actions L §733 (2019)
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1. Except as provided in section seven hundred thirty-two of this article, relating to a proceeding for non-payment of rent, the notice of petition and petition shall be served at least ten and not more than seventeen days before the time at which the petition is noticed to be heard.
- 9 NY Real Prop Actions L §735 (2019)
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1…personally delivering them to the respondent; or by…leaving personally with a person of suitable age and discretion who resides or is employed at the property…or by affixing a copy of the notice and petition upon a conspicuous part of the property…or placing a copy under the entrance door…and in addition…by mailing to the respondent both by registered or certified mail and by regular first class mail…
- 10 NY Real Prop Actions L §745 (2019)
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1…At the time when issue is joined the court, at the request of either party shall adjourn the trial of the issue, not less than fourteen days, except by consent of all parties. A party’s second or subsequent request for adjournment shall be granted in the court’s sole discretion.
- 11 NY Real Prop Actions L §749 (2019)
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2. (a) The officer to whom the warrant is directed and delivered shall give at least fourteen days’ notice, in writing and in the manner prescribed in this article for the service of a notice of petition, to the person or persons to be evicted or dispossessed and shall execute the warrant on a business day between the hours of sunrise and sunset.
- 12 NY Real Prop Actions L §753 (2019)
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1…the court, on application of the occupant, may stay the
issuance of a warrant…for a period of not more than one year, if it…would occasion extreme hardship to the applicant or the applicant’s family if the stay were not granted…the court shall consider serious ill health, significant exacerbation of an ongoing condition, a child’s enrollment in a local school, and any other extenuating life circumstances… - 13 NY Real Prop Actions L §753 (2019)
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4. In the event that such proceeding is based upon a claim that the tenant or lessee has breached a provision of the lease, the court shall grant a thirty day stay of issuance of the warrant, during which time the respondent may correct such breach.
